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Gibbs: Leveling the Playing Field for Chronic Non-Compliance

In a recent column, we addressed recent Appellate Division authority concerning the ultimate sanction for failure to disclose, a CPLR 3126 Order striking a pleading.   In December, the Court of Appeals issued Gibbs v. St. Barnabas Hospital, 2010 N.Y. Slip. Op. 09198 (2010) reversing a Supreme...

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Disqualification Premised Upon the “Lawyer as Witness” Rule

An attorney’s conflict search incident to a potential new matter provides information which will assist counsel in determining whether engagement is appropriate.  There are bright-line rules regarding entering an appearance in light of counsel’s obligation to avoid various conflicts of...

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Lawrence v. Kennedy — Lessons for the Unwary

In Lawrence v. Kennedy, --- N.Y.S.2d ----, 2011 WL 5107234, 2011 N.Y. Slip Op. 21377 (Nassau Sup. Ct. 2011), plaintiff Lawrence S. Lawrence, a New York attorney, moved for summary judgment in lieu of complaint against defendants Michael F. Kennedy and his former law firm Lawrence and Walsh,...

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Indemnification Under the BCL for Counsel Fees Incurred

This month we review an individual’s right to indemnification pursuant to the New York Business Corporation Law (“BCL”) for counsel fees incurred to defend a civil action or proceeding, other than a derivative suit. In typical fashion, directors and officers are sued for conduct in the course of...

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